What happens to the issue fee if a patent application is withdrawn from issue?
When a patent application is withdrawn from issue, the issue fee that has been paid is typically applied to any future issue fee required. The MPEP 1308.01 states:
“If a rejection is made after the issue fee has been paid … Any issue fee which has been previously paid will be applied to the next application in which an issue fee is due…”
This means that if the application is later allowed again, the applicant won’t need to pay a new issue fee unless the fee amount has changed. If the new issue fee is higher, the applicant would only need to pay the difference. If the application is ultimately abandoned or never reaches allowance again, the applicant may request a refund of the issue fee.
To learn more: